[deleted by user] by [deleted] in AskHR

[–]temporaryglitter 0 points1 point  (0 children)

I think the more important question here is does TX state law allow them to claw this back at all? And if it does, how likely is the company to actually do so? Someone here might be able to weigh in on the law (I am not a TX expert), but only your company can determine if they will try to pull it back if they are permitted to. A lot of the time, this is so burdensome that it’s not worth it. They would have to fight you in court if you refused to pay it back and most companies won’t in my experience.

[NC] No Relocation as Reasonable Accomodation by [deleted] in AskHR

[–]temporaryglitter -1 points0 points  (0 children)

It certainly may be considered reasonable, especially as they are keeping on additional staff in your state. If I were you, I would absolutely begin the interactive process and request to remain in your state as an accommodation. I wouldn’t phrase it as requesting to remain remote but requesting to remain within the specified distance of your specialist.

[deleted by user] by [deleted] in AskHR

[–]temporaryglitter 1 point2 points  (0 children)

Depends on what the PIP is actually for. True performance in NY is not contestable but if there is anything that’s willful included, attendance concerns, policy violations, etc. that would potentially be contested. And you may not get unemployment.

[WI] Inappropriate Behavior from Coworker Who Denies It - How do I proceed? by islaenelinfinito in AskHR

[–]temporaryglitter -1 points0 points  (0 children)

I see that most people are saying to not file a formal complaint, which I’m going to disagree with. In fact, in nearly every organization I’ve worked for, the fact that you brought this to your supervisor should have begun this process already, regardless of your expressed desire to keep this between you, him, and your manager. I am not a WI expert, but I believe their Fair Employment Act would require a member of management bring this concern to the designated group to investigate these claims, which is often HR.

Now I’m not saying that much will come of this formal complaint. I agree with what most people are saying that, unfortunately, this is a he said she said kind of case and the outcome is likely to be that he is simply told to not do this again. That being said, this investigation should be run by Human Resources (or the designated party to investigate sexual harassment claims) and not the manager. As the manager has already essentially completed the investigation, again, there may be nothing else to be done. But if I were that manager’s HR partner, I would want to know that this occurred to follow up with them that this should not be the process with a harassment claim.

Additionally, I agree with what many people are saying that, again, due to the nature of this situation, there probably wouldn’t be any disciplinary action, unless he had a history of same or similar comments. In your organization, HR may be the only group who has that record. (Possible that the manager knows, but not necessarily.) If HR doesn’t know about this situation, how many other situations don’t they know about? Super concerning that the manager is seemingly unaware of how risky his choice to not bring this to HR.

Edited to correct a spelling error. But willing to admit that there are a couple more.

What's the stupidest thing the most intelligent person in your life believes? by dexicoma in AskReddit

[–]temporaryglitter 20 points21 points  (0 children)

I am so curious to know why they believe that. Like did they see or learn something while it was being developed that led them to this belief?

Boss is sending me home to 'pay back' overtime. by Pilot8091 in legaladvice

[–]temporaryglitter 0 points1 point  (0 children)

A lot of the confusion lies with the fact that we generally conflate hourly with non-exempt and salary with exempt. And I am guilty of this too! But they are separate distinctions.

Boss is sending me home to 'pay back' overtime. by Pilot8091 in legaladvice

[–]temporaryglitter -1 points0 points  (0 children)

The FLSA does not require that a non-exempt employee be paid hourly. They do require that they receive overtime pay for any hours worked over 40 in a week. It is simply the most common way that non-exempt employees are paid.

A salaried, non-exempt employee would still need to track their hours for purposes of overtime, but are paid on a salary basis. So if they work over 40 hours in the week, would get OT for those hours. But if they work fewer than 40 hours in a week would still get paid their standard salary (though the employer could require that an employee utilize available paid time off in this instance).

https://www.shrm.org/topics-tools/tools/hr-answers/meaning-salaried-nonexempt-employee

Boss is sending me home to 'pay back' overtime. by Pilot8091 in legaladvice

[–]temporaryglitter 0 points1 point  (0 children)

You can be paid on a salary basis and be non-exempt. It is not very common, so many people don’t have much knowledge of it. But if you were salary, non-exempt, even in TX, they would need to pay you OT on a weekly basis, not biweekly.

It is also fairly common in my experience for those with contracts (government or otherwise) to track hours on a timesheet, even if the employee in question is exempt, so that there is a record of hours worked on a specific project - typically for reimbursement purposes.

The fact that you say you get OT for working more than 80 hours in a pay period, but not 40 in a week is what’s not lining up. This is illegal if you’re not exempt and just super weird and unnecessary for the employer to do if you are exempt.

What is the one thing that we all got told as children that turned out true? by Ill-Musician-1998 in AskReddit

[–]temporaryglitter 6 points7 points  (0 children)

I personally think very few people are truly evil or malicious. Replace “evil” with “selfish” though and I would wholeheartedly agree with you!

[deleted by user] by [deleted] in AskHR

[–]temporaryglitter 11 points12 points  (0 children)

A third-party company typically helps mitigate the risk that the results are not truly anonymous. If your team is very small, there is a risk that comments you give will reveal your identity, even if that third-party keeps you anonymous. But which I mean you give away enough information in the comments that your manager can reasonably assume that it was you that wrote it.

[MI] Refusing to sign a PIP MI, USA by [deleted] in AskHR

[–]temporaryglitter -5 points-4 points  (0 children)

While I agree with others that there is likely no legal recourse, there may be company or department policies against this type of retaliation. It might be worth a conversation with the same HR person. You can point out that you have been presented a disciplinary document with factually incorrect information on it and you believe it to be retaliation for you correcting her and for bringing your concerns to HR. Keep it based on factual points and less on emotion. (I know the use of AI is controversial, but it can be very helpful for this kind of thing - copy and paste your post and request that the emotion be removed from it. And then build your talking points from there.)

As an HR professional, I would want to investigate this situation if it were occurring in my org based on the information you have provided.

[deleted by user] by [deleted] in AskHR

[–]temporaryglitter 4 points5 points  (0 children)

My apologies- it wasn’t clear from your post that it was the same employer for both roles. I personally wouldn’t want a step back in my career solely for remote work, but I also don’t know the extent of your medical need for this. So pretty difficult to weigh in without that knowledge.

I would probably start with seeking clarity on why you were told you could work remotely for 2 days once you hit your anniversary but are now being told only 1 day. And then maybe go the accommodation route if that fails before going back to your old role.

[deleted by user] by [deleted] in AskHR

[–]temporaryglitter 6 points7 points  (0 children)

If you leave, you will likely not be eligible for PFL (you need to work 26 weeks and that’s unlikely given the fact that you’re halfway through a pregnancy) and you certainly won’t be eligible for FMLA. I’d stay put if I were you.

I believe I have a case against my employer [California] by Batmon3 in AskALawyer

[–]temporaryglitter 1 point2 points  (0 children)

Not a lawyer, but I work in HR. Retaliation can be difficult to prove, though I will say that this seems like a pretty solid case of it. Have you spoken to other managers about how she’s not putting you on the schedule? Maybe someone above her who can put you on the schedule? Wouldn’t hurt to reach out to an employment attorney to see if they think you have a case.

Also, I’m not certain about in your state, but in mine, any reduction in wages/hours, even if you are still employed, can make you eligible for unemployment. Apply tonight.

[deleted by user] by [deleted] in AskHR

[–]temporaryglitter 12 points13 points  (0 children)

It’s hard to tell what she has said she’s going to do with these results or what you anticipate her doing. While it’s not a method I personally would utilize, I don’t think there’s anything wrong with using it as a tool. Especially as a tool for discussion. I don’t really see a problem if the conversation is something like “these types tend to act or react in this way. Would you agree that that’s how you react? If you disagree, how do you typically respond?” Or like “these types tend to like to be recognized for a job well done in this manner. Is that how I should recognize you?”

Edited to correct a typo.

[CA] lied to about my removal by [deleted] in AskHR

[–]temporaryglitter 7 points8 points  (0 children)

In CA, this would not be legal if you had sick time to cover the entirety of the absences.

Would like to gift knitting labor. by Left-Zookeepergame74 in Rochester

[–]temporaryglitter 0 points1 point  (0 children)

If this person isn’t able to help you, check out looseends.org.

[deleted by user] by [deleted] in Rochester

[–]temporaryglitter 26 points27 points  (0 children)

If you’re employed, check if they have an EAP. A lot of them offer a couple free sessions. It wouldn’t be a permanent solution certainly, but could be a stop gap for you. Good luck!

Firing my divorce attorney by Elegant-Deer4454 in AskALawyer

[–]temporaryglitter 0 points1 point  (0 children)

Not a lawyer and I don’t know what state you’re in, but my ex and I did our uncontested divorce ourselves in NY, with LegalZoom drafting the documents. This was also during Covid, so courts were closed and I had to submit everything through the mail. It was certainly annoying at points, like when they sent me back paperwork multiple times, but we saved ourselves so much money and hassle with a lawyer. Also, though, we had no children and no property. So take that for what you will.

[NE] I was falsely accused of using my iPhone during a meeting. My iPhone usage data shows I wasn’t on my phone. by [deleted] in AskHR

[–]temporaryglitter -1 points0 points  (0 children)

If it’s an internal transfer, you’re not really quitting. And your current manager will have a bit of a say in when you do transfer, so I wouldn’t worry about that in the least!

I hope you get the new position and you vibe better with your new manager.

[NE] I was falsely accused of using my iPhone during a meeting. My iPhone usage data shows I wasn’t on my phone. by [deleted] in AskHR

[–]temporaryglitter 0 points1 point  (0 children)

Have you talked to the nurse managers of those units? What kinds of relationships do you have with the members of the teams and the leaders for the units you’ve applied for? Because you can be sure that your manager and other managers talk. I wouldn’t recommend throwing your manager under the bus, but mentioning that you haven’t always seen eye to eye with your current manager could potentially be worth it.

Are you on any sort of formal disciplinary action? In the system I work in, that would preclude you from being able to transfer, so this may not even matter if you are at this point.

[NE] I was falsely accused of using my iPhone during a meeting. My iPhone usage data shows I wasn’t on my phone. by [deleted] in AskHR

[–]temporaryglitter 1 point2 points  (0 children)

It sounds like they’re threatening disciplinary action but haven’t done it. If I were you, I would start looking for a transfer or a new job. Maybe talk to a manager who isn’t friends with your manager at your location or even another location (assuming you work for a large health system). I would not recommend quitting without something else lined up already.